civus
Hearing video

ZBA Hearing - March 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20234h 49m

Well, concrete can be removed, just like if we put grass down and the house is next to it on a patio.

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It's very expensive.

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Ms. Weiss, I understand your position.

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Thank you.

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is there anyone else in the virtual audience chair we have charles richardson with his hand

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up mr richardson please unmute yourself and wait for the chair good morning mr richardson could

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you state your name please and spell for the court reporter good morning mr chair charles richardson

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from the office of councilwoman cindy bass room 508 city hall richardson is spelled r-i-c-h-a-r-d-s-o-n

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I certainly do.

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Proceed, sir.

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Councilwoman has no opposition to the proposal as it stands, and she will stand behind the RCO, the coordinating RCO who wrote the letter with regard to support for the property.

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Thank you very much for calling in.

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Is there anyone else in the virtual audience?

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chair i see no other hands at this time planning good morning planning commission please

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mr chair sorry this is hillary i just had a quick question for mr mckelony um one of the

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provisos that was suggested by both of the rcos was no sleeping accommodations on the ground floor

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but it sounds like you're saying that you want to have that um as an option potentially for

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and like an in-law suite in the future i did not see that proviso it just says i just read that to

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you you know it says no bedrooms in the basement we don't have one of them one of them referenced

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the first floor as well yeah like it because there is no yes there is no basement but it that's why

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both says ground floor i had i had written ground floor because it had basement and one of the

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letters also referenced that there was a first floor. Yes, we are not agreeable to not having

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a living space on the first floor level. We are agreeable to no basement and no living space in

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the basement. Okay, but there is no basement. Yeah, there is no basement. I did not catch that

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on the rco letter the the clarification from the community meeting was no bedrooms in a basement

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we confirmed there's no basement level being added or dug or affecting the neighboring property

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in terms of excavations but the i don't think that a bedroom on the first floor creates the

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same concerns that some communities have with bedrooms in actual basements okay just like any

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other residential house on the block that can have a living space on their first floor and and does

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okay that that's what i wanted to to verify because there was no yeah there was no basement

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but they were still asking for a proviso for for no bedrooms that sounded like on the ground floor

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the first floor so that's i just wanted to verify whether or not your client supported that

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i could have him raise his hand and come on himself he is back trying to unmute but um that

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would eliminate the whole point of having a family member being able to live with their family

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in terms of an apparent caregiver situation.

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So that would affect the concept for sure.

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Okay, thank you.

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Thank you.

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You have no household living in the garage.

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You have no household living in the garage?

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No household.

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No household living.

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And the owner is not available.

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The owner is not available.

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I'm sorry, Chair.

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Okay.

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Hi, Sarah.

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Could you state your name and spell it, please, for the court reporter?

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Mr. Murray, please unmute yourself.

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Mr. Murray?

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It looks like he's trying to unmute, Chair, but it's not unmuting.

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Okay.

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Let's go to the Planning Commission.

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thank you chair sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

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the comprehensive plan recommends no change to the existing residential single family zoning

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the appellant has not supported their hardship claim with evidence of unique physical circumstances

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or conditions of the property the city planning commission recommends that the board deny

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both the use and dimensional variance. MI 2022-006-005-310 West Queen Lane. I vote yes

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with proviso. Interior trash storage and no household living in garage.

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i'm not sure if he's there okay ishmael shaheed my vote is yes with proviso james snell my vote

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is yes with proviso

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Is your U yes too?

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Thomas, yes.

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Ishmael Shaheed, yes.

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Can you do your name?

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I'm sorry.

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Ishmael Shaheed, yes, we're proviso.

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Thank you.

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Thank you, counsel.

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Thank you.

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Number 11, MI 2022-005-931-622 North Front Street.

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Joseph Consul is the attorney.

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um letter of non-opposition from council member squilla

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with provisos letter of support for northern liberties neighbors association

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mr council you you've already been sworn could you state your name for the record please

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joseph council c-o-n-s-o-l-a can you identify your client in relationship to the property

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Yeah, the client is the Iron Dahlia LLC. Representatives are Steve Stiles and Jacob Godshall. They are the tenants for the space that we're here to discuss.

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All right. Our vice chair has a few questions, sir.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Good morning. Yes, I do.

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Have you emailed in all the required documents and exhibits that are required to proceed with this case five days in advance of this hearing?

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Yes, sir.

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Thank you. Please proceed and share your screen.

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Okay.

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Okay. Hey, everyone. Joe Consul here, 622 North Front Street.

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The proposed first floor tenant of this space is the Iron Dahlia LLC.

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see those uh it's two um body artists steve and jacob and they're on the call to verify my

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testimony we are here seeking a special exception to use this space this commercial first floor

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space as a body art studio uh zone cmx2 so we have a referral we uh met with nlna in february

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they support the application. They ask that our hours be 10 a.m. to 9 p.m., which my clients

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agree with. They have some trash storage and pickup provisos, which we agree with,

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and a sound noise proviso, which my clients also agree with. And the plan that we had submitted

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showed four workstations, and that's the max they wanted to include in the proviso to the extent

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that's something you can put on the proviso we agree with that as well

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proof mailings here's the photos this is what the spot used to look like

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it was in home care service sort of distribution spot and there's the space

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the setup what the property is going to look like when it's ready to go and we include

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what the property is going to look like when it's ready to go and we included in the packet just

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some information about the clients some examples of their art as well as a copy of their lease

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and the necessary tax documents and project information form all follow that in the packet

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i'll call either steve or jacob to adopt my testimony

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Hi, sir. Could you state your name and spell, please, for the court reporter?

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Mr. Gottschalk, will you unmute yourself and wait for the chair?

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Hi. Could you state your name, please, and spell for the court reporter?

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Good morning, Mr. Chair. My name is Jacob Gottschalk, G-O-T-S-C-H-A-L-L.

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do proceed counsel good morning jacob did you hear my testimony right now regarding

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uh iron dahlia and your lease at 622 north front street yes i did do you agree with what i said

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and do you adopt it as your own yes i do okay questions from the board

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no no chair no no questions or comments from the virtual audience

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chair i see no hands at this time planning commission

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thank you chair sarah bond s-a-r-a-h-b-a-n-h philadelphia city planning commission

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the comprehensive plan recommends no change to the existing commercial mixed use zoning

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The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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The City Planning Commission recommends that the Zoning Board grant the special exception.

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Thank you.

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MI 2022-005-931-622 North Fern Street.

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I vote yes with provisos.

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Hours of operation 10A to 9P seven days a week.

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trash stored in rear yard, no exterior music, and maximum of four workstations.

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James Snell, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with provisos.

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Thank you, Board.

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Council. Number 12, MI 2022-005-952-1469 North 57th Street. Eli Gabay is the attorney for the

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owner. Letter of support from HMC Square Community Association.

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Chair, we have Mr. Ginsburg with his hand up. Would you like me to promote him?

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Please.

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He'll be coming back in shortly as a panelist chair.

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good morning mr chair good morning to the board this is lionel artem ginsburg l-i-o-n-e-l last

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name a-r-t-o-m hyphen g-i-n-z-b-u-r-g uh for noah properties llc i'm here with uh with ziff noah

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the owner of noah properties llc and i'm here in place of valley goodbye and i'm ready to go

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Identify your client, please, in the relationship to this property.

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This is Mr. Ziv Noah. He is the owner of Noah Properties LLC, which is the owner of the property.

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Thank you. And our vice chair has just a few questions.

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Good morning, Counselor. Do you agree to weigh the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents to proceed with this case and exhibits five days in

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advance of this hearing? We have. Thank you. Please proceed with you and share your screen.

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Can you turn your video on? There you go. Thank you, sir. Proceed. Yep.

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here we have 1469 north 57th street the denial here is because the property

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is zoned rsa5 for for some unknown reason as as the panelists can see the corner

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here is a uh was formerly a store a bodega of some

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is a was formerly a store a bodega of some sort going back to the construction of the building

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the building got uh rescheduled rsa 5 i guess at the last remapping uh the issue inside is is that

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the uh the former store area is on a lower level than the rest of the building and as a result

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even if you were to expand the rest of the building to include that there would have to

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the interior steps put in to put it on the same level. The proposed change is to make the corner

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former bodega a one-bedroom apartment with handicapped access. Hold on one second. I will

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switch to here is the here is the deed showing that it is owned by noah properties llc

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uh the rco supported the change with the following provisos that the first floor is

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wheelchair accessible that the landlord's responsible for snow removal and that the

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landlord will put a sign in the window with his contact information for the property management

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company in case there are any problems with snow or trash uh there were seven support one non-opposition

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from the rco could you put that letter up please yep one second get that back into zoom

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one second i'm having zoom issues

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All right. Why is it not letting me share?

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I need to have it as well, just in case.

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You should have had this supplied, but let me...

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I'm sorry.

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We just see the building.

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Yeah, I'm having technical difficulties. Give me one second.

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The window that is letting me select the application is not coming up.

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i'm sorry i'm having technical difficulties give me uh let me stop share and reshare hold on a

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second

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it is not letting you screen share one moment i'm sorry if you want to skip to the next listing

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i'll get it fixed we have copies of it right yeah you have a copy of the rco it was given to you at

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the last yes what was the vote what was the vote sir the vote was the vote was uh seven in favor

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and one uh not opposed okay proceed keep going keep keep going on the

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basic issue the basic issue here is whether this whether this corner property which should be

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which is down on a lower level from the rest of the building already has separate meters already

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has separate uh everything uh should be usable as an apartment and the uh i'm sorry i'm really

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i'm going to have an apartment on the first floor apartment on the second floor

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it would only be a first floor apartment because the if you see the rear of the property that goes

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up to the second floor and goes through to the front okay just a corner store okay

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it's still not letting me reshare and in fact has locked up by i would have to log back out

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of zoom and back in again uh why don't we bring your client on okay all right hey good morning

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everyone. Hi, could you state your name, please, and spell for the court reporter? Yes, first name

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Ziv, Z-I-V, last name Noah, N-O-A-H. I am the owner of Noah Property, sole owner. Right. Do you

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swear for him to tell the truth, the whole truth, and nothing but the truth? I do. Proceed, counsel.

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Mr. I can give a briefing after the whole thing. Mr. Noah, do you support what I have just

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stated, do you

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adopt my testimony? Yes, I do.

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I also have additional stuff.

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If there are any questions asked

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from the board, I open it up

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to questions. I finally got the RCO

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up.

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did he adopt your testimony yes i do

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Did he adopt

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your testimony? Yes, I do.

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all right questions from the board

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no no mr chairman

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questions or comments from the virtual audience

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i see no answer this time chair planning commission

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let me try that again thank you chair sarah bonn philadelphia city planning commission

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s-a-r-a-h-b-a-n-h the comprehensive plan recommends no change to the existing residential

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single-family zoning the proposed use is consistent with documented prior use of this property

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the city planning commission recommends that the zoning board grant the variance

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